Criminal Law - Destroying Funerary Objects and Cemetery Elements - Statute of Limitations and Prohibition

Cemetery protections expand, with longer prosecution deadlines

Beginning October 1, 2025, Maryland expands its ban on willfully destroying, damaging, defacing, or removing cemetery property to cover all cemetery grounds, including landscaping. Removal for repair or replacement remains allowed with a request or permission from the deceased’s heirs or descendants, or the cemetery owner or manager. The law also prohibits willfully destroying cemetery trees, plants, or shrubs, while allowing normal maintenance, including trimming, weed removal, and mowing. Grounds and property offenses carry up to 5 years in jail, a $10,000 fine, or both. Tree, plant, or shrub offenses carry up to 2 years in jail, a $500 fine, or both. For both types of offenses, prosecutors have 3 years after local authorities knew or reasonably should have known about the violation to start a case. This replaces the usual misdemeanor deadline of 1 year after the offense.